Flexipay

The functions of Flexipay (“the Service”) include, but are not limited to:

• Applying for a Loan and any other loan facilities introduced by the Service Provider from time to time;
• Viewing your current Loan Agreements;
• Requesting a new loan (“re-loan” request);
• Executing a new Loan Agreement;
• Viewing your current loan status;
• Viewing your loan history;
• Viewing your current payment schedule;
• Viewing your transaction history; and
• Viewing your Profile.

The Service Provider may at its sole discretion offer you the Flexipay or any other loan offered by the Service Provider from time to time. The Service Provider reserves the right to reject such requests without assigning any reason whatsoever.

You specifically consent to the Service Provider to access your credit information available in the Credit Information Bureau (CRIB) for the purpose of assessing your credit management and to report to CRIB details of the Facility granted by the Service Provider from time to time.

You will be permitted to maintain multiple loans at any given time on Flexipay, within your credit limit.

The Service can be accessed through GenieApp, that is downloaded to your Mobile Device, and used at no additional charge to you.

You understand and agree that you may not be eligible for Flexipay, if you have active Quick Loan or Lesi Pay facilities.

You shall permit the Service Provider to use your information available with the Service Provider, in accordance with the Service Provider’s Privacy Policy in order to serve you better.

By accessing the Service and by clicking on the “Continue” button, you acknowledge to have read, understood and accepted the Term Loan Agreement including these terms of use You shall be bound by this Flexipay Terms of Use (“this Agreement”) and the Term Loan Agreement, which shall continue to apply every time you use the Service.

Each loan granted to you is additionally subject to the terms contained in the Term Loan Agreement which is provided in Annex 1 of this Agreement (“Loan Agreement”). When you apply for flexipay Facility, you are deemed to have read, understood and unconditionally agreed to all the terms contained in the said Loan Agreement including the Flexipay Terms of Use herein. The Loan Agreement containing the details of the loan and your personal details will be available for your reference on ”Loan in Progress” screen/ “Loan Details” screen, once the loan has been granted.

In case of any discrepancy between the Flexipay Terms of Use and the Loan Agreement, the terms and conditions of the Loan Agreement shall prevail.

All registrations shall be made in your name and mobile phone numbers registered under your National Identity Card Number and shall be operated singly by you.

You shall maintain an active mobile phone number throughout the period of use of this facility.

You shall not at any one point delete or disable the Genie account as long as an active loan exists.

The rates and charges applicable for the Service shall be decided solely by the Service Provider.

You agree and undertake to be fully responsible for submitting and maintain the correct and up to date details, including but not limited to, log in credential, your Mobile phone number, loan amount requested, bank account details or account details as applicable, and agree that the Service Provider shall not in any way be held liable for any erroneous transactions incurred.

You further undertake to exercise due diligence to ensure Genie and/or Flexipay is not accessed by unauthorized persons.

The Service Provider shall not be liable and/or under any obligation to refund any monies lost by you, under any circumstances whatsoever.

The Service Provider shall be under no obligation nor shall reverse or treat as unauthorized any transaction and/or loan request that contain errors occasioned by you or any unauthorized use of your account by a third party.

All activities carried out by in your Genie account shall deemed to have been conducted by you.

You may not assign or otherwise dispose of any of the Account holder‘s rights, liabilities and obligations under this Agreement. The Service Provider may transfer or assign its rights and obligations under these conditions and such transfer or assignment shall be effective upon notification of the same to you.

You are at all times responsible for the care and control of your Mobile Device and your user identification information and password (“Account Information”). You must take reasonable steps to safeguard and protect your Mobile Device and Account Information. Your responsibilities shall include, but not limited to:

• Determining whether you are capable of accessing the Internet on your Mobile Device. Your wireless carrier’s standard data fees will apply when accessing Flexipay;
• Keeping possession of your Mobile Device;
• Keeping a locked screen or passcode lock on your Mobile Device at all times;
• Should you wish to keep a record of your Account Information, keep such information separate from your Mobile Device; and
• Keeping your Account Information strictly confidential.

Anyone with access to your Mobile Device can view the Service, for which you shall be held responsible.

If we upgrade, update or modify Flexipay (the “Modifications”), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use the Service.

The Service Provider may collect and update from time to time, the relevant profile information of its customers.

Accordingly, the Service Provider may request you to provide appropriate and accurate information/and or documents (including without limitation, latest photograph/s, identity proof, address proof, profile details of account holder/s, authorized signatories, mandate holders, beneficial owners, source of funds etc.) to ensure that any changes/updates in your profile information are duly updated in the records of the Service Provider.

Failure to provide the above documents/information within stipulated timelines or submission of wrong, incomplete or false documents/information may result in your access to the Service or the account/s being suspended or terminated.

The Service Provider reserves the right to share its databased/specific customer information with any one of its subsidiaries and/or holding companies, in accordance with its Privacy Policy in order to provide an integrated service to you and/or for the purpose of recovering any outstanding amounts and/or with any Government authority for any criminal investigation or for the purpose of any criminal proceedings.

We shall not be held liable for any damages, losses, costs, claims or expenses (including direct, indirect, special incidental, or consequential or punitive damages) arising from the use or inability to use Flexipay, or due to your breach of the terms herein, an error, omission, interruption, defect, delay, computer virus, system failure, loss of data, unauthorised access or otherwise.

The foregoing disclaimer shall apply regardless of the cause of action, whether in contract, tort or any other cause of action whatsoever, even if the service provider has been advised of the possibility of such damages. This provision shall survive the termination of your right to use Flexipay.

You acknowledge that the service provider shall not be responsible or liable for any loss or damage that you may incur in using (a) any software, hardware, or applications from a third party that the service provider may make available to you and/or (b) any communications networks, either private, public or otherwise operated by a third party.

We reserve the right to refuse to grant the loan to you without assigning any reason whatsoever. The service provider’s decision shall be final at all times.

The aforesaid indemnities shall continue to be in force in perpetuity notwithstanding the termination or expiry of the service and/or the contract between you and the service provider.

You acknowledge that the Flexipay software underlying the Services as well as other software which are required for operating and accessing the Services shall constitute the legal property of the Service Provider.

The visual interfaces, graphics, designs, compilation, information, computer codes, software services and all other elements provided by the Service Provider are protected by copyright, designs, patent and trademark laws.

Any permission given by the Service Provider to access Flexipay in any way whatsoever shall not constitute any proprietary or ownership rights in such software to you.

Unless otherwise specified, Flexipay Information may not be copied, displayed, modified, adapted, communicated or republished in any form without advance express written consent from the Service Provider. You only have the right to view and use Flexipay for personal and non-commercial purposes. All rights not expressly granted are hereby reserved. All other company and product names and logos are trademarks or registered trademarks of the Service Provider.

By inserting the relevant information in Flexipay and clicking on the “Continue” button you shall be bound by this Agreement.

You further confirm that you have considered the charges and interest levied by the Service Provider.

We may modify the provisions of this Agreement from time to time and you will be deemed to have accepted the changes as of the effective date of such modifications. If you do not agree with the Agreement, as amended, you shall discontinue using. Flexipay. By continuing to use Flexipay following amendments, you agree to and accept the new or revised terms and conditions provided under this Agreement , as amended. You may view the most current version of this Agreement at any time at Flexipay.

You should immediately notify the Service Provider if you suspect your Mobile Device is lost or stolen, you suspect your Account Information has become known to another person or that any other unauthorized use or security breach has occurred. Your failure to immediately notify may result in unauthorized access to your Account and/or other personal information and unauthorized transactions being conducted through your Flexipay account, for which Service Provider shall not be held responsible.

Before you sell, give away, or dispose of your Mobile Device, you must delete Genie Account, because unless you do, it may be used to obtain your Account Information and/or other personal information to conduct unauthorized transactions through your Genie/Flexipay account, for which you shall be held fully responsible.

You shall not:

• Use Flexipay for purposes other than for the Services specified in this Agreement.
• Impersonate any person or entity, access other customer’s user accounts without their express permission or perform any other fraudulent activity against any other customer(s).
• Use Flexipay and its services or request for a loan for any illegal purpose or in violation of any local legislation or international law including but not limited to any laws governing intellectual property, data protection, money laundering, terrorist financing, illegal gambling activities, terrorism and tax laws.
• Use any automatic device or manual process to monitor or copy Flexipay and information without the prior written consent and permission from the Service Provider.
• Make unsolicited offers, advertisement and proposals or send junk mail or spam to other customers or the Service Provider.
• Refuse to co-operate in an investigation.
• Remove, circumvent, disable, damage or otherwise interfere with security related features of Flexipay.

Do NOT respond to text messages, emails or other internet requests that ask you to reveal personal information about yourself or your Account Information. We will never send you unsolicited messages asking for your password, account numbers, etc. We will never ask you to validate or restore your Service through unsolicited messages.

You must review your Account Information and report any errors in a timely manner.

Flexipay Account will collect your personal data, including, but not limited to, your name, address, mobile phone number, device name, bank details and other information related to your use of Flexipay, including account statements and loan documents.

The Service Provider will be collecting personal data in accordance with its Privacy Policy. Please review the Service Provider’s Privacy Policy.

By accessing Flexipay, and clicking on the “Continue” button, you hereby agree to the Service Provider’s collection and use of your personal information and acknowledge that you have read and accepted the Service Provider’s Privacy Policy.

You are granted a limited, revocable, non-transferable, non-exclusive license to use Flexipay on a Mobile Device that you control. The Service Provider can terminate this license at any time and without assigning any reason whatsoever. Flexipay is licensed and not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense Flexipay. You agree that the Service Provider retains all rights, title and interest in and to Flexipay including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Flexipay or any part of it. You may not use Flexipay for any purpose that is illegal, fraudulent or infringes another person’s rights. You agree to comply with any other requirements, restrictions or limitations provided by the Service Provider upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the Online Store, your Mobile Device provider or your wireless services carrier) relating to your use of genie.

The Service Provider reserves the right to suspend or terminate the Service at any time without notice to you should you fail to adhere to this Agreement, or other terms and conditions governing your use of Flexipay, Genie and/or other products offered on Genie.

The Service Provider reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Service should circumstances out of the Service Provider’s control corrupt or affect the administration, security and provision of the Service.

You hereby irrevocably authorize the Service Provider:

1. To connect your account to this Service (as required)
2. in accordance with the applicable law and in accordance with our Privacy Policy, including but not limited to, disclosures for purposes of credit review of any user account any information relating to you to disclose and/or share your information, as required, with;

• The holding company, parent company, its subsidiaries and/or affiliates.
• Its auditors, professional advisers and any other person(s) under a duty of confidentiality to the Service Provider.
• Maintainers or servicers of the Service Provider.
• Any regulatory and/or government body.
• Any other person with whom the Service Provider contracts or proposes to contract with regard to offering services.
• Any person employed with or engaged as an agent by the Service Provider.

You irrevocably declare/ confirm and undertake that the:

1. Information provided hereunder is true and accurate and is your personal information and not any other third party (fictitious or otherwise).
2. Mobile number provided for the purpose of this Service is registered under your name and that you are the actual user of the mobile number.

You shall be at liberty to withdraw from receiving and enjoying the Services anytime Subject to the full settlement of all dues, all existing loans, fees, charges and interest accrued to therein to the Service Provider.

You shall, upon withdrawal, immediately discontinue use of any and all parts of Flexipay.

The Service Provider may, without prior notice to you, suspend the Services at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons.

The Service Provider may, at its discretion, withdraw temporarily or terminate the Services wholly or in part, at any time without giving prior notice to you.

The Service Provider will, however endeavor to give reasonable notice for suspension and/or termination of the Services, to the extent possible.

The Service Provider shall not be liable for any failure to perform any of its obligations under this Agreement if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for as long as the Force Majeure event continues.

For the purpose of this clause “Force Majeure” shall mean and include but not be limited to act of God, government decision, war whether declared or not, hostilities, act of the public enemy, civil commotion sabotage, fire, typhoons, flood or any natural disasters, explosion, epidemics, pandemics, quarantine restrictions, disturbance in supplies from normally reliable sources (including but not limited to electricity, water, fuel) strike and lockout or any other event beyond the reasonable control of the Party concerned.

This Agreement shall be governed by the Laws of Sri Lanka.

The Parties hereby agree that any legal action or proceedings arising out of or in relation to this Agreement shall be subject to the exclusive jurisdiction of the relevant courts or tribunals in Colombo, Sri Lanka.